# C_2008274EN.01001501.xml

| 29.10.2008 | EN | Official Journal of the European Union | C 274/15 |
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29.10.2008

EN

Official Journal of the European Union

C 274/15

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Operation of scheduled air services between Ajaccio, Bastia, Calvi and Figari on the one hand and on the other Marseille, Nice and Paris (Orly)

Notice of competitive public tenders issued by France pursuant to Article 4(1)(d) of Council Regulation (EEC) No 2408/92 for the delegation of a public service

(Text with EEA relevance)

(2008/C 274/05)

1.   Introduction: In accordance with the decisions of the Corsican regional authorities of 19 June 2008 and 9 October 2008, France has decided to amend, from 29 March 2009, the public service obligations imposed on certain scheduled air services from Corsica pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes. The standards required by these new public service obligations were published in
  Official Journal of the European Union C 273 of 28.10.2008.

Official Journal of the European Union

Separate invitations to tender are being issued for each of the following routes:

Ajaccio-Paris (Orly),

Ajaccio-Marseille,

Ajaccio-Nice,

Bastia-Paris (Orly),

Bastia-Marseille,

Bastia-Nice,

Calvi-Paris (Orly),

Calvi-Marseille,

Calvi-Nice,

Figari-Paris (Orly),

Figari-Marseille,

Figari-Nice.

If on 28 February 2009 no air carrier has commenced or is about to commence operating scheduled air services in accordance with the public service obligation imposed on each of the above routes and without requesting financial compensation, France has decided, in accordance with the procedure laid down in Article 4(1)(d) of Regulation (EEC) No 2408/92, to limit access to each of these routes to a single air carrier and to offer the right to operate such services from 29 March 2009 by public tender.

Tenderers may present bids to operate more than one of the abovementioned routes, particularly where this results in a reduction in the overall compensation required.

However, they must set out clearly the amount of compensation required in respect of each route, where appropriate specifying different rates depending on which parts of their bid are accepted (in the event that they are awarded a contract covering some but not all of the routes for which they have bid).

2.   Subject of the invitations to tender: For each of the routes listed in paragraph 1 above, the operation from 29 March 2009 of scheduled air services in accordance with the relevant public service obligation, as published in
  Official Journal of the European Union C 273 of 28.10.2008.

Official Journal of the European Union

3.   Participation in the tender procedure: Participation is open to all Community air carriers who hold a valid operating licence issued in accordance with Council Regulation (EEC) No 2407/92 of 23 July 1992 on licensing of air carriers.

4.   Tender procedure: Each invitation to tender is subject to the provisions of Article 4(1)(d), (e), (f), (g), (h) and (i) of Regulation (EEC) No 2408/92.

5.   Tender dossier: The full tender dossier, including the model public service delegation agreement and the specific rules for this invitation to tender, is obtainable free of charge from:

Office des transports de la Corse

19, avenue Georges Pompidou

Quartier Saint-Joseph

BP 501

F-20186 Ajaccio Cedex

E-mail: evelyne.mariani@otc-corse.fr.

6.   Financial compensation: Tenders must explicitly state the amount of compensation required for the operation of each route from 29 March 2009 until the day before the start of the IATA 2012 summer scheduling season, with three annual breakdowns for the following twelve-month periods: from 29 March 2009 to the day before the start of the 2010 summer scheduling season, from the first day of the 2010 summer scheduling season to the day before the start of the 2011 summer scheduling season, and from the first day of the 2011 summer scheduling season to the day before the start of the 2012 summer scheduling season.

The exact amount of compensation finally granted will be determined for each of the twelve-month periods ex post on the basis of the documented costs and revenue actually generated by the service, within the limits of the amount given in the tender, which may not exceed the result of a calculation based on the maximum unit price per paying passenger on each route:

ex post

EUR 27,00 for services between Paris (Orly) and airports in Corsica,

EUR 25,50 for services between Marseille and Ajaccio or Bastia,

EUR 48,50 for services between Nice and Ajaccio, Bastia or Figari,

EUR 53,50 for services between Marseille and Calvi or Figari,

EUR 68,50 for services between Nice and Calvi.

7.   Fares: Tenders must indicate the proposed fare structure, which must comply with the public service obligations published in
  Official Journal of the European Union C 273 of 28.10.2008.

Official Journal of the European Union

8.   Duration and amendment of the contract: The contract will commence on 29 March 2009. It will end no later than the day before the start of the IATA 2012 summer scheduling season. The operation of the contracted services will be the subject of an annual examination in cooperation with the carrier during the two months following the anniversary of the starting date.

Any amendment to the contract must comply with the public service obligations published in
  Official Journal of the European Union C 273 of 28.10.2008. Any amendment to the contract will take the form of a supplementary agreement.

Official Journal of the European Union

9.   Failure to honour the contract: Carriers will be responsible for the proper performance of their obligations under the contract.

In the event of failure to perform such obligations properly for reasons other than force majeure, i.e. abnormal and unforeseeable circumstances beyond their control which the carrier has been unable to overcome despite taking all reasonable measures to do so, the contract may be terminated without advance notice by the Corsican Transport Board.

force majeure

Failure to perform contractual obligations properly may give rise to the payment of damages and interest to compensate for the injury suffered by the island community. The amount of such damages shall be laid down by the competent courts.

Without prejudice to any claim for damages and interest, any interruption in services or improper performance of services will give rise to a reduction in the amount of financial compensation in proportion to the capacity lacking.

10.   Presentation of tenders: Tenders must be handed in at the following address before 17.00 (local time):

Office des Transports de la Corse

19, avenue Georges Pompidou

Quartier Saint-Joseph

F-20000 Ajaccio

at the latest within six weeks of the date of publication of this invitation to tender in the Official Journal of the European Union; a receipt must be obtained.

Official Journal of the European Union

11.   Validity of the invitation to tender: In accordance with the first sentence of Article 4(1)(d) of Regulation (EEC) No 2408/92, the validity of each of these invitations to tender is subject to the condition that no Community carrier presents by 28 February 2009 — one month being a reasonable period of advance notice — an operating schedule for the route in question from 29 March 2009 in accordance with the public service obligation imposed, without receiving any financial compensation, and without requiring access to this route to be limited to a single carrier.

NB: Appeals against acts relating to the invitation to tender, including decisions rejecting tenders and public service agreements, may be brought before the administrative court of Bastia within two months. Actions under the precontractual interlocutory procedure may also be brought before the court from the date of the beginning of the procedure for the conclusion of agreements up to the time they are signed. Information on lodging appeals may be obtained from:

NB

| Tribunal administratif de Bastia |
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| Villa Montepiano |
| F-20407 Bastia Cedex |
| Tel. (33) 495 32 88 66 |
| Fax (33) 495 32 38 55 |

Tribunal administratif de Bastia

Villa Montepiano

F-20407 Bastia Cedex

Tel. (33) 495 32 88 66

Fax (33) 495 32 38 55

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